N.Y. Comp. Codes R. & Regs. tit. 22 § 207.13

Current through Register Vol. 46, No. 50, December 11, 2024

Section 207.13 - Qualification of guardians ad litem; filing report

(a) Each guardian ad litem shall qualify within 10 days of notification of appointment, or may be deemed unable to act. He or she shall review the court's guidelines for guardians ad litem, if available, and carefully examine all matters affecting the guardian's client and all processes and papers to ensure that they are regular and have been duly served. No decree shall be made in the proceeding until the guardian shall report these findings. The report shall be made in writing or, with the consent of the Surrogate, orally in open court, except as otherwise provided in SPCA 1754(4), within 10 court days of the guardian's appointment or from the date to which the proceeding was finally adjourned, unless extended by the court.

(b) A guardian ad litem in a proceeding in which a decree has been entered directing payment of money or delivery of property to or for the benefit of the guardian's ward must file a supplemental report within 60 days after a decree settling the account, showing whether the decree has been complied with insofar as it affects the ward. In all such cases, the fiduciary shall immediately notify the guardian in writing of the date and details of payment or delivery.

(c) The guardian's allowance may be authorized in the initial decree, but, except as provided in SCPA 2111, no allowance shall be paid until an appropriate report is made.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.13